Can a Passenger in a Vehicle Make a Legal or Insurance Claim Against the Driver After an Accident?

Contacting a Car Accident Lawyer to Get Compensation

It is presumed that passengers follow the ordinary duty of care while traveling in a vehicle. What this means is that in the event of a crash, it is assumed the passenger didn’t do anything to cause the accident. They are instead seen as an innocent bystander.

Drivers, for good reason, bear the brunt of the legal obligation to keep those in the car and around the car safe.

If you were a passenger who was injured in a car accident, it’s extremely frustrating since it’s not your actions that led to the accident. You may be wondering if it’s possible for you to hire a personal injury attorney in Newport Beach to get the liable party to pay for your damages.

It is! Our injury attorneys can assist you in getting compensation for your damages. They will tell you that you have multiple options when it comes to suing the driver of your vehicle.

Unfortunately, being free of the responsibility of driving a car does not free you from the possibility of being injured in an accident. Our auto accident lawyers in Newport Beach have won compensation for our clients who have been in accidents where they aren’t at fault. This is especially the case if you were in one of the following accidents:

Suing the Driver of Your Car

The driver is responsible to ensure the safety of the passengers. If the driver is at fault, then the passenger is entitled to file a legal claim against the driver and approach their insurance company for payment of damages.

The passenger is allowed to seek financial compensation for damages and injuries arising due to the fault of the driver.

A lot of passengers are scared of making a claim against the driver of their vehicle because they may have a friendship or work relationship with that person, but don’t worry. Our accident attorneys will tell you that it isn’t a big deal at all because you aren’t directly suing them; you’re suing their insurance. It is just an insurance claim and this is why people pay for it.

Suing the Driver of the Other Car

However, the passenger can approach the insurance company of the other at-fault driver for compensation of damages and injuries, too.

Why are you able to get compensation from both parties? Because California follows the doctrine of pure comparative negligence.

In California, a driver can be found to be comparatively negligent which means they can be 1% at fault or 27% or even 95% at fault. Whatever the percentage at fault they are, the driver is responsible for paying the amount of damages that reflect that percentage. For example, if the driver of the car you weren’t in is found to be 40% at fault, then they must pay 40% of the damages.

If you are a passenger, then you are stoked because you will likely always get full compensation as long as you don’t do something like attack the driver or distract them while they are driving.

Contact an Attorney to Get You the Maximum Settlement

If you are a passenger in an accident then make sure you make a claim with the insurance companies of both drivers to protect yourself! As a passenger you are entitled to these damages:

  • Compensation for medical expenses
  • Compensation for lost wages
  • Compensation for lost future wages
  • Pain and suffering
  • Emotional distress
  • Loss of companionship or consortium

Our car accident injury law firm in Newport Beach offers free consultations, so don’t hesitate to contact our office if you were hurt in a car wreck. Tell our attorneys what happened, and we can tell you how many damages we think you’re entitled to.

Then, we will fight for compensation for these damages. There’s no reason you should be responsible for them if you weren’t even behind the wheel. We have a track record of high client satisfaction, and we have gotten five and six-figure settlements for those seeking compensation for a car crash in Newport Beach.